Fillable Directions questionnaire (Small Claims Track) (Cabinet Office)

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Directions questionnaire (Small Claims Track) (Cabinet Office)

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Directions questionnaire
(Small Claims Track)
In the Claim No.
To be completed by, or on behalf of,
who is [1
st
][2
nd
][3
rd
][ ][Claimant][Defendant][Part 20 claimant] in this claim
You should note the date by which this questionnaire must be returned and
the name of the court it should be returned to since this may be different from
the court where the proceedings were issued.
If you have settled this claim (or if you settle it on a future date) and do not
need to have it heard or tried, you must let the court know immediately.
A Settlement/Mediation
Under the Civil Procedure Rules parties should make every effort to settle their case. At this stage you should still think about whether you and the other
party(ies) can settle your dispute without going to a hearing.
You may seek to settle the claim either by direct discussion or negotiation with the other party or by mediation. If settlement is reached parties may enter
into a binding agreement which can be enforced if the terms of the agreement were to be breached.
Mediation is a way of resolving disputes without a court hearing, where the parties are assisted in resolving their dispute with the help of an impartial
mediator. If the claim is settled at this stage the parties can avoid further court fees, costs and time involved in preparing and attending a hearing.
You may use any mediation provider. However, HMCTS provide a free confidential Small Claims Mediation Service which is available to parties in most
small claims cases which are for less than £10,000.
Mediation is usually carried out by telephone in one hour time limited appointments convenient to the parties and is quicker than waiting for a court hearing
before a judge. There is no obligation to use the Small Claims Mediation Service nor are you required to settle if you do. If you are unable to reach agreement
with the other party at mediation, the claim will proceed to a small claims hearing.
You can get more information about mediation from www.gov.uk
If all parties agree, this case will be referred to the Small Claims Mediation Service. In any event the court may order the service to contact you to explore
mediation.
A1
Do you agree to this case being referred to the
Small Claims Mediation Service?
Please give your contact details below – If all parties agree to mediation
your details will be passed to the small claims mediation team who will
contact you to arrange an appointment.
Yes No
You must complete the remainder of the form regardless of your answer to A1
B Your contact details
Notes
Your full name
It is essential that you provide this information,
particularly if you have requested mediation. Sta will
contact you within oce hours (9am - 5pm).
Address for Service
Telephone number Mobile
Email
N180 Directions questionnaire (small claims track) (03.19) © Crown copyright 2019
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C Track
Notes
Track
The small claims track – generally for lower value and
less complex claims with a value under £10,000. You
can get more information by reading leaet EX306 ‘The
small claims track in civil courts’. You can get this
leaet online from hmctsformnder.justice.gov.uk
C1 Do you agree that the small claims track is the appropriate track for
this case?
Yes No
If No, say why not and state the track to which you believe it should
be allocated
D About the hearing
Location
If your claim is a designated money claim the case will
usually be transferred to the claimants preferred court
or the defendants home court as appropriate. However,
there is no guarantee of transfer to this court. For further
information see CPR Parts 3, 12, 13, 14 and 26.
He
aring venue
D1
At which County Court hearing centre would you prefer the small claims hearing to take place and why?
Expert evidence
Ex
pert evidence
The court must grant you permission to use an expert
witness. Your notice of allocation will tell you if permission
has been granted. Please note the upper limit for
experts’ fees that can be recovered is £750. You can get
more information by reading leaet EX306 ‘The small
claims track in civil courts’. You can get this leaet
online from hmctsformnder.justice.gov.uk
D2
Are you asking for the court’s permission to use the written evidence of
an expert?
Yes No
If Yes, state why and give the name of the expert (if known) and the
area of expertise and the likely cost if appointed.
Witnesses
Wi
tnesses
Witnesses may be asked to give evidence by either
party. The court needs to have notice that you
intend to call a witness. Witness expenses for travel
accommodation and loss of earning should be met
by the party requesting their attendance. You can get
more information by reading EX342 ‘Coming to a
court hearing’. You can get this leaet online from
hmctformnder.justice.gov.uk
D3
How many witnesses, including yourself, will give evidence on your
behalf at the hearing?
Hearing
Hear
ing
Dates to avoid: You should enter those dates where you,
your expert or an essential witness will not be able to
attend court because of a holiday or other commitments.
Interpreters: In some circumstances the court will
arrange for, and meet the cost of an interpreter. If you
require an interpreter, you should contact the court
immediately. Further details visit our website
www.justice.gov.uk under ‘guidance’.
D4
Are there any days within the next six months when you, an expert or
a witness will not be able to attend court for the hearing?
Yes No
If Yes, please give details
Dates not available
Yourself
Expert
Other essential witness
Will you be using an interpreter at the hearing either for yourself or
for a witness?
If Yes, please specify the type of interpreter
Yes No
Signature
You must sign this form
[Legal representative for the ][1
st
][2
nd
][3
rd
][ ]
[Claimant][Defendant][Part 20 claimant]
Once you have completed this form please return it to the court at the address shown on
the form N149A, notice of proposed allocation to Small Claims Track
Find out how HM Courts and Tribunals Service uses personal information you give them when you ll in a form:
https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/personal-information-charter
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Directions questionnaire (Small Claims Track) (Cabinet Office)

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Completed 13 June 2021

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